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August 17, 1992 Council Meeting August 17, 1992 The regularly scheduled meeting of Mayor and Council was held August 17, 1992 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding officer Mayor A. Max Bacon. All council members were present except for Jim Hawkins. Also present was City Administrator Bob Thomson, City Attorney Charles E. Camp, City Clerk Melinda Dameron, Parks and Recreation Director Sherry Reavis, Police Chief Stan Hook, Personnel Director Jane Mears, City Engineer Ken Hildebrandt, Communications Director Steve Ciaccio, Sharon Williams representing the Finance Department, Cheryl Crain representing the Library, Larry Dunn representing Public Works, Steve Gaddy representing the Fire Department and representatives of the press. .. Invocation was given by Samuel Giddings, pastor of Kings Chapel Church followed by the pledge to the flag. CITIZENS INPUT: Mayor Bacon stated that the Smyrna Community Center was recently voted "Best Place to Host a Reception" by Inside Cobb magazine and presented the award to Sherry Reavis and staff. PUBLIC HEARINGS: (A) Rezoning request - 4.67 acres in Land Lot 271 from R-20 to RAD conditional (Chateau Walk Subdivision) Bob Thomson stated that Bear Properties is requesting this rezoning to continue development of Chateau Walk Subdivision. This item was tabled at the last meeting and there was no opposition. Gerald McCravey represented Jack Thompson and stated the concerns addressed at the last meeting have been clarified. There are only two lots in this tract that adjoin the flood plain and none of the property is in the wetlands. The elevation of these two lots will be raised one foot and the homes will be constructed so that the first floor elevation is at least 2 feet above flood plain level. Mr. McCravey said the city ordinance requires that they be 2 feet above flood plain level but FHA requires 3 feet and they will probably build to meet FHA ... requirements. Councilman Bill Scoggins said the majority of the opposition at the last meeting was not due to the rezoning, but with problems they have had with their homes built by Bear Properties. Mr. McCravey said they had met with those homeowners and are in the process of correcting those problems. Councilman Newcomb said he was concerned that the future owners would expect the city to correct flooding problems in their yard and asked Mr. McCravey how much the back yards would be built up. Mr. McCravey said he would raise the yards one foot which would bring them out of the flood plain. This only impacts two, or possibly three lots in the subdivision. Jack Cramer made a motion the rezoning be approved from R-20 to RAD conditional with the stipulation that any house in the flood plain meet FHA requirements, 2 to 3 feet above flood plain to exceed the 100 flood plain level and also that the zoning be approved according to the plans submitted to council. Ron Newcomb seconded the motion which carried 6-0. (B) Variance request - reduce side yard setback at 3479 Dunn Street Bob Thomson stated that Mr. Adam Smith is requesting this variance to reduce the side yard from 10 to 7.5 feet for the addition of a deck to the rear of his home. Mr. Smith has provided a letter from the adjoining neighbor stating they have no objections and there was no opposition. .. Mr. Smith stated the deck is already under construction and he did not realize that a permit was required. At the request of the adjoining neighbor, Mr. Smith said he would also construct a 7 foot lattice wall and 6 foot wooden fence at the end of the deck to ensure her privacy. Councilman Pete Wood said that Mr. Hawkins could not be here tonight but he had visited Mr. Smith's home and had no problem with the variance request. Mr. Wood said he also could see no problems from the standpoint of impacting surrounding neighbors. Mr. Wood made a motion the variance be approved provided that Mr. Smith provide a 6 foot wooden fence and 7 foot high lattice wall as agreed, to August 17, 1992 meeting - continued protect the privacy of the adjoining neighbor. Wade Lnenicka seconded the motion which carried 6-0. (C) Variance request - accessory structure at 1223 Hill street Bob Thomson stated that Mrs. Mae Gustafson has requested a variance to reduce the rear yard setback from 10 to 5 feet for construction of a carport at her home. Letters were submitted from the adjacent owners stating they have no objections and there was no opposition from the audience. Charles Gustafson represented his mother in the variance request and stated that she is ill and it was necessary that she move in with him. The house is for sale with a pending contract, contingent on approval of the carport addition. ...... Councilman Bill Scoggins made a motion the variance be approved as requested. Wade Lnenicka seconded the motion which carried 6-0. (D) Ad valorem tax roll back Councilman Pete Wood stated that in June, council adopted a tentative rollback rate of 11.60 for fiscal year 1993. The summary of the tax digest has been provided by Cobb County with a complete breakdown of the increases through reassessment and new construction. Under the new state law, any increase in taxes resulting from reassessment must be advertised for a public hearing. Under the 1993 digest, we have deducted the increase resulting from reassessment which results in a tax rollback rate of 11.57 mills. There was no opposition and Mr. Wood made a motion the official millage rate for 1993 be set at 11.57 mills. Bill Scoggins seconded the motion which carried 6-0. FORMAL BUSINESS: (A) Bid opening - 1992/93 pickup truck for Parks Department Bids were opened, read and recorded as follows: ...", Days Chevrolet Wade Ford Hardy Fleet Group $14,126.21 $14,065.70 $11,257.70 Councilman Jack Cramer made a motion the bids be turned over to the committee for their recommendation back to full council. Pete Wood seconded the motion which carried 6-0. COMMERCIAL BUILDING PERMITS: Nothing to report. BID AWARDS: (A) Water meters - Utility Services division Councilman Pete Wood made a motion the bid for water meters be awarded to two vendors, based on their low bids. The bid for 3/4" to 2" meters will go to Southern Meter and larger meters 3" to 6" will be awarded to Davis Meter. Bill Scoggins seconded the motion which carried 6-0. CONSENT AGENDA: (A) Approval of August 3, 1992 minutes (B) Budget adjustments (C) Approval to request bids for H.V.A.C. maintenance service (D) Approval to request bids for elevator maintenance service (E) Change date of first meeting in September to September 8 -- Bill Scoggins made a motion the consent agenda be approved. Pete Wood seconded the motion which carried 6-0. COUNCIL INPUT: In the absence of Laurel Best, John Patrick called on Cheryl Crain for a report from the Library. August 17, 1992 meeting - continued Councilman Ron Newcomb said the Community Development Committee would meet again next week to discuss a tree ordinance. Also, he had spent a considerable amount of time last week looking at drainage problems on Highland Drive and Dundee and would continue to plan strategies to address those problems. Councilman Bill Scoggins said funds have been approved in the budget for modifications to the Fire Station on Spring Road and some negative comments were made during the recent election about the condition of the building and furniture. Mr. Scoggins apologized to the voters in that ward and stated we were in the process of making improvements to the interior. ... Councilman Jack Cramer presented a plaque from the Smyrna T-Ball Association to the Parks and Recreation Department for their support this past season. Sherry Reavis gave a report from the Parks Department. Mr. Cramer said that he would conduct his first community ward meeting on September 10th at 7:00 p.m. in the Community Center and had already talked to a number of citizens concerning problems they are having. Councilman Lnenicka called on Police Chief Stan Hook for a report. Mr. Lnenicka said he recently received a letter from a citizen commending Officer Joe Tyson for the manner in which he handled an arrest situation recently. Mr. Lnenicka said rezoning signs have been posted on property at the corner of Atlanta Road and Creatwood Trail to change from NS to GC for construction of a finance business establishment. The owners will tear down the gas canopies and islands and expand the building which should improve the appearance; however, their business also will include repossession of cars and storage on the lot for sale. Mr. Lnenicka said he was concerned with that aspect and it would be coming up soon for a public hearing. Councilman Pete Wood said the Finance Committee also continues to meet on a regular basis but did not have anything of major importance to announce. ..., Mayor Bacon reminded the residents who are disabled or 62 or older that they must come to City Hall to apply for our tax and sanitation exemptions although they may have already filed for homestead exemption in Cobb County. Also, widows whose spouses were receiving our tax exemption should also come in to re-apply in their name. ~~ness, meeting adjourned at 8,08 p.m. A. MAX BACON, MAYOR ~Vlt#;~ :{it~R~CK' WARD 1 _ ~p A~o,:'1~ BILL SCOGGINS, WARD 3' L:7~~. ~~~ ~~ CRAMER, WARD 5 ~L~ ~ U/~ CHARLES PETE WOOD, WARD 7 ill- MELINDA DAMERON, ~!J~ RON'NEWCOMB, WARD 2 ...,